Tuesday, 30 April 2019

Hoa proxy hoarding

Is Proxy-Hoarding Proper? Proxies can also foster unseemly proxy gathering by an ambitious candidate. Owners in most homeowner associations are allowed to give a proxy for an owners meeting to someone else to vote on their behalf. It’s a convenient way to ensure that your vote counts.


But, the concept of proxies raises a number of issues. Is there a limit to how many proxies a homeowner can have? The flip side of the benefits of proxy voting is that it can be used by HOA Boards and others to manipulate voting when a “default” process is implemented and abuse occurs with “ hoarding”.


A proxy is simply a document that an owner signs to appoint someone else to vote on his or her behalf at HOA meetings. Homeowners should receive a proxy in the mail along with information (called a proxy statement) describing the issues to be voted on. The HOA is legally required to send details of all items to be discussed at their annual meeting, along with a copy of the annual report. Based on the information they have received in advance each homeowner has the opportunity to give their consent for someone.


Generally proxies are valid for a specific period of time (in SC, months) unless the proxy has an earlier expiration time as part of it. So far the hoarder is winning. A proxy vote can bridge the gap for a member who cannot physically attend a meeting to cast a vote in the absent member’s stead. Since both good and evil can be yielded with the proxy instrument , HOA and COA managers should become familiar with proxy voting. Here are five things HOA and COA managers need to know.


The proxy form may state on it that if no name is designated on the proxy form, then the HOA president or other board member, by default, has the authority to cast the vote associated with that proxy. A proxy form stating that if no name is designated on the proxy form the secretary or another officer will be the proxy holder should be a very serious concern to all members of an HOA. As it was with the Collyer brothers, hoarding can be life-threatening not only to the hoarder but to other residents in a condominium development. The debris in a hoarder ’s unit will attract and breed roaches, ants, silverfish and rodents that then spread to the common areas and other units. Hoarding is becoming an increasingly common problem throughout the nation, especially for community associations where people are forced to cohabitate at close proximities.


Depending on its gravity, hoarding can pose health threats to fellow residents, causing foul odors and pest control issues that spill over into hallways and neighboring units. Assigning a proxy helps you maintain your interests and also helps the meeting itself move forward without worry over an absent member. The proxy should include the name of the association, the word proxy under it, and a statement that _____ is the person’s proxy for the meeting, and then a place for the member to sign and date the proxy. If the proxy is a limited proxy it would also include any issues that are to be voted on at the meeting and a place for the member to check “yes” or “no” or a place to vote for any. Most HOA bylaws allow the use of a proxy , so it is important that members and directors know and understand the difference between a proxy and a ballot.


Actions that are approved using an incorrect method of voting are subject to dispute and can cost the HOA unnecessary expenses to defend a legal challenge. That means an undirected proxy allows the proxyholder to vote on issues at their own discretion. There is no particular form of wording. Mandates various voting techniques, including proxy voting. HOA members see the in-fighting and are disgusted.


They will attend a Special Meeting and cast their votes. HOA VOTING AND ELECTIONS: Applicable to HOAs only (not condos). The new law makes several changes to the procedures and requirements for voting and elections. Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner.


If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person.

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